2051

May 5, 1995, Memorandum from Deputy Attorney General
Concerning Focal Points for Initial Contacts with Intelligence Community in
Criminal Cases

MEMORANDUM

FROM:Jamie S. Gorelick
Deputy Attorney General

RE: Focal Points For Initial Contacts With
Intelligence Community In Criminal Cases

As you recall, in my memorandum dated September 21, 1994, I stressed
to all U.S. Attorneys the requirement of notice to and consultation with the
Criminal Division, either the Internal Security Section (ISS)[FN1] or the
Office of International Affairs, when national security issues arise during
a criminal investigation or prosecution. An issue of equal importance is
that of how an AUSA should initiate contact with the Intelligence Community
when necessary in criminal investigations or prosecutions that may have an
impact on both law enforcement and intelligence interests, in areas such as
terrorism, proliferation of weapons of mass destruction, and international
aspects of narcotics trafficking. The two communities routinely communicate
with each other through operational and headquarters links; nevertheless,
there are occasions --- especially as criminal investigations mature into
prosecutions -- on which agencies of the Intelligence Community need to
communicate with Federal prosecutors, or vice versa. This memorandum
addresses this more limited, but extremely important, category of
communications.

FN1. Presently pending approval of Congress is a proposed reorganization
of the Criminal Division. Under that plan, the ISS will be replaced by the
National Security Section. Once the effective date of that change is
published, all references herein to the ISS should thereafter be construed
as referring to the new National Security Section.

It has been the experience of both the Law Enforcement Community and
the Intelligence Community that communications between prosecutors and
agencies of the Intelligence Community are best initiated through offices
familiar with the substantive and procedural issues likely to arise. To
that end, I have requested that the Assistant Attorney General, Criminal
Division, designate the offices within that Division through which
prosecutors should seek to contact the Intelligence Community and through
which, in turn, the Intelligence Community should seek to contact
prosecutors.

Accordingly, consistent with the designation of the Assistant
Attorney General, Criminal Division, in each case in which a U.S. Attorney's
Office wishes to initiate contact with an agency of the Intelligence
Community, [FN2] that Office's National Security Coordinator must call the
Chief of the ISS. That office, in turn, will arrange for necessary initial
contacts with appropriate representatives of the relevant Intelligence
Community agencies. Once that initial contact occurs, the prosecutor need
not direct each routine communication with the IC agency through the
Criminal Division focal point, although the latter will, of course, be
available to continue to provide assistance as matters develop.

FN2. The intelligence community includes the Central Intelligence
Agency, the National Security Agency, the Defense Intelligence Agency, and
the National Reconnaissance Office. It also includes the intelligence
components of the Department of State, Federal Bureau of Investigation,
Department of Treasury, Department of Energy and the respective military
services.

I am also requesting that the heads of the agencies of the
Intelligence Community ensure that their personnel initiate contacts with
prosecutors through the same office in the Criminal Division. If your
staffs are initially contacted by Intelligence Community personnel other
than through this office or through senior personnel of the Criminal
Division, please advise the Chief of the ISS.

I am confident that the foregoing procedures will promote more
efficient coordination between the two communities and will reduce the
difficulties that sometimes attend involvement of both the Law Enforcement
Community and the Intelligence Community in matters related to criminal
investigations and prosecutions. Accordingly, I request that you take the
necessary steps to ensure that your prosecutors are aware of and in
compliance with these procedures.